Knootian Constitution

CONSTITUTION OF THE FREE REPUBLIC OF KNOOTOSS

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As revised by the Act to Make Such Necessary Amendments To the Constitution to Allow for the Provision of a Universal Basic Income to citizens of the Knootoss 2016 (hereinafter referred to as 'the Constitutional Amendment Act 2016') which was duly passed in accordance with the Provisions of the said Constitution as hereinafter defined and promulgated.

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WE, the representatives of the people of Knootoss, convened in the Constituent Assembly of 1868 in Haag;

Recognising the bond between God and the people of Knootoss, as well as the importance of religious liberty and freedom of conscience for the citizen;

Rejecting a monarchical institution which has become injurious to these rights and freedoms, and seeing this rejection confirmed in the Act of Exclusion of 1866;

Proclaiming our attachment to the principles of national sovereignty and of the self-determination of peoples;

PROMULGATE, under the protection of God, the following Constitution:

Article 1 [Fundamental Rights]
(1) The rights in the following paragraphs are recognised, without prejudice to the responsibility of everyone under the law as laid down by Act of Parliament;
(2) The liberty of conscience and of religion;
(3) The right to property and the sovereignty of the home;
(4) The rights of association, assembly and demonstration;
(5) The right to publish thoughts or opinions through the press without prior permission from the government;
(6) The right to submit petitions in writing to the competent authorities;
(7) The right to be heard by the courts, and not to be deprived of liberty, other than by order of a court;
(8) The right, when lawfully deprived of liberty, to a fair, public and speedy trial, and to only be restricted in the exercise of rights in so far as the exercise of such rights is not compatible with the deprivation of liberty;
(9) The right to the secrecy of written correspondence, telegraph, telephone and telecommunication;
(10) The right to be treated equally in equal circumstances, without regard for religion, belief, political opinion, race, sex, disability, sexual or gender orientation, or any other grounds.
(11) The right to leave the country, to engage in private enterprise and to have a a free choice of work;
(12) The right to life. Capital punishment shall never be imposed.

Article 2 [Citizenship, Jus sanguinis]
(1) Any person born to a father or mother holding Knootian citizenship is a Knootian citizen. Knootian citizenship shall be further regulated by Act of Parliament.
(2) The admission, naturalisation and expulsion of aliens shall be regulated by Act of Parliament.
(3) Extradition may only take place pursuant to a treaty.

Article 3 [Rights of Citizens]
(1) All Knootian Citizens shall have the rights listed in the following paragraphs, without prejudice to the responsibility of everyone under the law as laid down by Act of Parliament:
(2) The right to be considered eligible for appointment to public service;
(3) The right to elect the members of the general representative bodies and to stand for election as a member of those bodies;
(4) The right to be legally represented in legal and administrative proceedings, and to receive legal aid under conditions laid down by Act of Parliament;
(5) The right of public access to information on government proceedings, including the right to be informed of data recorded concerning ones' person, and of the use that is made thereof, and to have such data corrected;
(6) The right of access to secure broadband internet;
(7) The right to a Universal Basic Income.

Section 1 Grand Pensionary
Article 4 [Election]
(1) The Grand Pensionary (Raadpensionaris) is elected by the Staten-Generaal for a period of six years. Re-election for a consecutive term is permitted only once.
(2) The Staten-Generaal meets no later than thirty days before the expiration of the term of office of the Grand Pensionary or, in the case of premature termination, not later than thirty days after that date. The person receiving the votes of the majority of the members of the Staten-Generaal is elected. Where such majority is not obtained by any candidate in two ballots, the candidate who receives the largest number of votes in the next ballot is elected.

Article 5 [Incompatibilities]
(1) The Grand Pensionary may not be a member of the government nor of a legislative body.
(2) The Grand Pensionary may not hold any other salaried office, nor engage in an occupation, nor belong to the management or the board of directors of an enterprise carried on for profit.

Article 6 [Representation]
When the Grand Pensionary is prevented from acting, or when the office falls prematurely vacant, the powers of the Grand Pensionary shall be exercised by the President of the Staten-Generaal.

Article 7 [Duties]
(1) The Grand Pensionary represents Knootoss in its international relations. The Grand Pensionary concludes treaties with foreign countries on behalf of the Knootoss and accredits and receives envoys.
(2) The Grand Pensionary appoints and dismisses judges, civil servants, officers and non-commissioned officers, except as may otherwise be provided for by statute.
(3) Remission of sentence shall be granted by the Grand Pensionary upon the recommendation of a court designated by Act of Parliament and with due regard to regulations to be laid down by or pursuant to Act of Parliament.
(4) Pardons shall be granted by the Grand Pensionary upon the recommendation of a court designated by Act of Parliament and with due regard to regulations to be laid down by or pursuant to Act of Parliament.
(5) All Acts of Parliament and all Executive Orders shall be signed by the Grand Pensionary. Orders and directions of the Grand Pensionary require, for their validity, the countersignature of the Prime Minister. This countersignature is not necessary for the appointment and dismissal of the Prime Minister and the dissolution of the Staten-Generaal.
(6) The Grand Pensionary may delegate these powers to other authorities.

Article 8 [Impeachment]
(1) The Staten-Generaal may impeach the Grand Pensionary for wilful violation of the Constitution or any other national statute. The motion of impeachment is filed by at least one quarter of the members of the Staten-Generaal. A decision to impeach requires a majority of two thirds of the members of the Staten-Generaal. The impeachment is pleaded by a person commissioned by the impeaching body.
(2) Where the Supreme Court finds the Grand Pensionary guilty of a wilful violation of this Constitution or of another national statute, it may declare him to have forfeited his office. After impeachment, it may issue an interim order preventing the Grand Pensionary from exercising his functions.

Section 2 Government
Article 9 [The Prime Minister and his Ministers]
(1) The Government shall comprise the Prime Minister and the Ministers.
(2) The Prime Minister shall be elected by an absolute majority of the votes cast in a direct election. If such a majority is not obtained on the first ballot, a second ballot shall take place on the fourteenth day thereafter. Only the two candidates who received the greatest number of votes in the first ballot, account being taken of any withdrawal of candidates with more votes, may stand in the second ballot.
(3) Should the Prime Minister be incapacitated for any reason whatsoever, the duties of the Prime Minister shall be temporarily exercised by a Minister designated Deputy-Prime Minister or, if the latter is in turn incapacitated, by the President of the Staten-Generaal
(4) Elections for the Prime Minister and elections for the Staten-Generaal will always be held jointly.
(5) The other Ministers shall be appointed and dismissed by an Executive Order of the Prime Minister.
(6) Ministries shall be established by Executive Order. They shall be headed by a Minister.

Article 10 [Council of Ministers]
(1) The Ministers shall together constitute the Council of Ministers.
(2) The Prime Minister shall be the chairperson of the Council of Ministers.
(3) The Council of Ministers shall consider and decide upon overall government policy and shall promote the coherence thereof.

Article 11 [State Secretaries]
(1) State Secretaries may be appointed and dismissed by Executive Order.
(2) A State Secretary shall act with ministerial authority in place of a Minister in cases in which the Minister considers it necessary; the State Secretary shall observe the Minister's instructions in such cases. Responsibility shall rest with the State Secretary without prejudice to the responsibility of the Minister.

Section 3 Legislature
Article 12 [The Staten-Generaal]
(1) The Staten-Generaal shall represent the peoples of each province of Knootoss.
(2) The Staten-Generaal shall consist of one chamber of parliament, consisting of four hundred and fifty members.
(3) The duration of a term of the Staten-Generaal shall be four years.

Article 13 [Elections for the Staten-Generaal]
(1) The members of the Staten-Generaal shall be elected by secret ballot from their provinces by proportional representation within the limits and procedures to be laid down by Act of Parliament.
(2) Allowed to vote for members of the Staten-Generaal are Knootian citizens who have attained the age of eighteen, with the exception of:
(a) anyone who has committed an offence designated by Act of Parliament and has been sentenced as a result by irrevocable judgement of a court of law to a custodial sentence of not less than one year and simultaneously disqualified from voting for the duration of the sentence
(b) anyone who has been deemed legally incompetent by irrevocable judgement of a court because of mental disorder.

Article 14 [Eligibility for being elected into the Staten-Generaal]
(1) To be eligible for membership of the Staten-Generaal, a person must be a Knootian citizen, must have attained the age of eighteen years and must not have been disqualified from voting.
(2) A member of the Staten-Generaal may not be the Grand Pensionary, a Minister, a State Secretary, a member of the Supreme Court, or a Procurator General or Advocate General at the Supreme Court. Other public functions which may not be held simultaneously by a person who is a member of the Staten-Generaal may be designated by Act of Parliament.
(3) Notwithstanding the above, a Minister or State Secretary who has offered to tender their resignation may combine the said office with membership of the Staten-Generaal until such time as a decision is taken on such a resignation.

Article 15 [President of the Staten-Generaal]
The Staten-Generaal shall appoint a President from among its members.

Article 16 [Dissolving the Staten-Generaal]
(1) The Staten-Generaal may be dissolved by the Grand Pensionary.
(2) A decree for dissolution shall also require new elections to be held for the Staten-Generaal as well as the Prime Minister, and the newly elected Chamber is to meet within three months.
(3) The dissolution shall take effect on the day on which the newly elected Chamber meets.
(4) The duration of the term of a Staten-Generaal that meets following dissolution shall be determined by Act of Parliament; the term may not exceed five years. The duration of a Staten-Generaal that meets following dissolution shall end at the time at which the duration of the dissolved Chamber would have ended.

Article 17 [Immunity from prosecution]
Members of the Staten-Generaal, Ministers, State Secretaries, and other persons taking part in deliberations may not be prosecuted or otherwise held liable in law for anything they say during the sittings of the Staten-Generaal or of its committees or for anything they submit to them in writing.

Article 18 [Rules of procedure]
The Staten-Generaal shall draw up rules of procedure.

Section 1 Acts of Parliament and other regulations
Article 19 [Primacy of Parliament, Right of initiative, Right of amendment, Right of withdrawal]
(1) Acts of Parliament shall be passed by the Staten-Generaal by the following means:
(a) Bills may be presented by one or more members of the Staten-Generaal. While it has not yet been passed, it may be amended on the proposal of one or more members or by the member or members introducing the Bill. A Bill may also be withdrawn by the member or members introducing it until such time as it is passed.
(b) Bills may be presented by or on behalf of the Prime Minister. Such bills shall be introduced by one or more members of the Council of Ministers or one or more State Secretaries. While it has not yet been passed by the Staten-Generaal, it may be amended by the Staten-Generaal on a proposal by or on behalf of the Prime Minister. A Bill presented by or on behalf of the Prime Minister may be withdrawn by or on behalf of the Prime Minister until such time as it is passed.

Article 20 [Publication and entry into force]
(1) A Bill shall become an Act of Parliament once it has been passed by the Staten-Generaal.
(2) The Prime Minister and the Staten-Generaal shall inform each other of their decision on any Bill.
(3) The publication and entry into force of Acts of Parliament shall be regulated by Act of Parliament. They shall not enter into force before they have been published.

Article 21 [Executive Orders]
(1) Executive Orders shall be established by the Prime Minister.
(2) Any regulations to which penalties are attached shall be embodied in such orders only in accordance with an Act of Parliament. The penalties to be imposed shall be determined by Act of Parliament.
(3) Publication and entry into force of Executive Orders shall be regulated by Act of Parliament. They shall not enter into force before they have been published.
(4) Paragraph (2) shall apply by analogy to other generally binding regulations laid down on behalf of the State for five years or until a time to be determined by or pursuant to Act of Parliament. These regulations shall not enter into force until they have been published.

Section 2 Initiative, Referendum and Recall

Article 22 [Initiative measures]
(1) Any Knootian citizen may petition for a referendum on a new statute. A referendum to adopt or reject the proposed statute will be held, provided that a petition that sets forth the text of the proposed statute is certified to have been signed by Knootian citizens, equal in number to 5 percent of the votes cast at the last election for the Staten-Generaal.
(2) Statutes approved in this manner may not be construed to inhibit the power of the Staten-Generaal or the Prime Minister to propose bills, nor may they contradict any Acts of Parliament which have been adopted pursuant to chapter 5, section 3 of the Constitution.
(2) Regulations concerning initiative measures, including the manner in which petitions shall be circulated, presented, and certified, shall be regulated by Act of Parliament.

Article 23 [Referendum]
(1) Any Knootian citizen may petition for a referendum to reject statutes or parts of statutes, provided that a petition to do so is certified to have been signed by Knootian citizens, equal in number to 5 percent of the votes cast at the last election for the legislature that adopted the statute, and that the referendum is proposed within 90 days after the enactment date of the statute.
(2) Referendums may not be held on statues or parts of statues which have been adopted by the Staten-Generaal, pursuant to chapter 5, section 3 of the Constitution.
(3) Regulations regulations concerning referenda, including the manner in which petitions shall be circulated, presented, and certified, shall be regulated by Act of Parliament.

Article 24 [Legal status of referenda]
(1) An initiative statute or referendum approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise. If a referendum petition is filed against a part of a statute, the remainder shall not be delayed from going into effect.
(2) If provisions of two or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail.
(3) The Staten-Generaal may amend or repeal referendum statutes. It may amend or repeal an initiative statute by another statute that becomes effective only when approved by a referendum, unless the initiative statute permits amendment or repeal without their approval.

Article 25 [Recall]
(1) Recall of an elected official is initiated by a petition alleging reason for recall.
(2) Members of the Staten-Generaal and members of sub-national legislative bodies may not be recalled.
(3) Regulations concerning recall elections shall be regulated by Act of Parliament.

Section 3 Miscellaneous Legislation
Article 26 [Treaties]
(1) Knootoss shall not be bound by treaties, nor shall such treaties be denounced, without the prior approval of the Staten-Generaal.
(2) The manner in which approval shall be granted shall be laid down by Act of Parliament, which may provide for the possibility of tacit approval.
(3) Any provisions of a treaty that conflict with the Constitution or which lead to conflicts with it may be approved by the Staten-Generaal only if at least two-thirds of the votes cast are in favour.

Article 27 [Delegating power to international institutions]
Legislative, executive, and judicial powers may be conferred on international institutions by or pursuant to a treaty, subject, where necessary, to the provisions of the previous article.

Article 28 [War]
(1) A declaration that Knootoss is in a state of war shall not be made without the prior approval of the Staten-Generaal.
(2) Such approval shall not be required in cases where consultation with the Staten-Generaal proves to be impossible as a consequence of the actual existence of a state of war.

Article 29 [Armed Forces]
(1) To protect its interests, the State shall maintain a Knootian Defence Force.
(2) The Prime Minister shall have supreme authority over the armed forces.
(3) Service in the armed forces shall be regulated by Act of Parliament.

Article 30 [State of Emergency]
(1) The cases in which a state of emergency may be declared by Executive Order in order to maintain internal or external security shall be specified by Act of Parliament. The consequences of such a declaration shall be governed by Act of Parliament.
(2) Such a declaration may depart from the provisions of the Constitution relating to the powers of the executive bodies of the provinces, municipalities, and water control boards and the basic rights laid down in chapter one
(3) The Staten-Generaal shall decide upon the duration of the state of emergency immediately after the declaration is made, and whenever it considers it necessary, until such time as the state of emergency is terminated by Executive Order

Article 31 [Taxes]
Taxes imposed by the Government shall be levied pursuant to Act of Parliament. Other levies imposed by the Government shall be regulated by Act of Parliament.

Article 32 [Legal codes]
(1) Civil law, criminal law and civil and criminal procedure shall be regulated by Act of Parliament in general legal codes without prejudice to the power to regulate certain matters in separate Acts of Parliament
(2) The general rules of administrative law shall be laid down by Act of Parliament.

Article 33 [the Judiciary]
(1) The judgement of disputes involving rights under civil law and debts shall be the responsibility of the judiciary.
(2) Responsibility for the judgement of disputes which do not arise from matters of civil law may be granted by Act of Parliament either to the judiciary or to courts that do not form part of the judiciary. The method of dealing with such cases and the consequences of decisions shall be regulated by Act of Parliament.

Article 34 [Punishment]
(1) The judgement of offences shall also be the responsibility of the judiciary.
(2) Disciplinary proceedings established by government bodies shall be regulated by Act of Parliament.
(3) No offence shall be punishable unless it was an offence under the law at the time it was committed.
(4) A sentence entailing deprivation of liberty may be imposed only by the judiciary.
(5) Different rules may be established by Act of Parliament for the trial of cases under martial law.

Article 35 [Courts]
(1) The courts which form part of the judiciary and their organisation, composition and powers shall be specified by Act of Parliament.
(2) In cases provided for by Act of Parliament, persons who are not members of the judiciary may take part with members of the judiciary in the administration of justice.
(3) The supervision of members of the judiciary responsible for the administration of justice of the manner in which such members and the persons referred to in the previous paragraph fulfil their duties shall be regulated by Act of Parliament. In cases laid down by Act of Parliament such persons may be suspended or dismissed by a court that is part of the judiciary and designated by Act of Parliament.

Article 36 [Supreme Court]
(1) In the cases and within the limits laid down by Act of Parliament, the Supreme Court shall be responsible for annulling court judgements which infringe the law (cassation).
(2) Present and former members of the Staten-Generaal, Ministers, and State Secretaries shall be tried by the Supreme Court for offences committed while in office. Proceedings shall be instituted only by Executive Order or by a resolution of the Staten-Generaal.
(3) Additional duties may be assigned to the Supreme Court by Act of Parliament.
(4) In cases laid down by Act of Parliament, members of the Supreme Court may be suspended or dismissed by a court that is part of the judiciary and designated by Act of Parliament.

Article 37 [Supreme Court membership]
(1) Members of the judiciary responsible for the administration of justice and the Procurator General at the Supreme Court shall be appointed for life by Executive Order.
(2) Such persons shall cease to hold office on resignation or on attaining an age to be determined by Act of Parliament.
(3) Their legal status shall in other respects be regulated by Act of Parliament.

Article 37 [Provincial and Municipal Borders]
(1) The provinces and municipalities that existed prior to the establishment of this Constitution shall be the provinces and municipalities of the Knootian Republic. The continuity of local government is recognised;
(2) The division of provinces and municipalities may be revised by Act of Parliament. Due regard shall be given to regional, historical and cultural ties, economic efficiency and the requirements of local and regional planning;
(3) Revisions of the existing division into provinces and municipalities must be confirmed by referendum under conditions and procedures laid down by Act of Parliament.

Article 38 [Supremacy of National Law]
(1) Acts of Parliament and Executive Orders shall take precedence over provincial and municipal by-laws and provincial and municipal regulations.
(2) Provincial and municipal bodies may be required by or pursuant to Act of Parliament to provide regulation and administration.

Article 39 [Provincial Executive]
(1) In each province, the executive power shall lie with a stadtholder, governor or equivalent official, who shall be chosen by secret ballot from citizens of their respective province within the limits and procedures to be laid down by Act of Parliament.
(2) The official referred to in the previous paragraph shall be assisted by a provincial executive (Gedeputeerde Staten). Together they shall decide upon provincial policy and shall promote the coherence thereof.
(3) The official referred to in the first paragraph shall be the chairperson of the provincial executive.

Article 40 [Provincial Parliament]
(1) In each province, citizens shall be represented by the States (Staten), a legislative body chosen by secret ballot from citizens of their respective province, within the limits and procedures to be laid down by or pursuant to Act of Parliament.
(2) Provinces shall enact provincial by-laws and regulate provincial affairs within the limits prescribed by Act of Parliament.
(3) Provinces may impose taxes, which shall only be levied pursuant to provincial by-laws. Other levies imposed by the Provincial Executive shall be regulated by provincial by-laws.
(4) The duration of a term of the States shall be four years.

Article 41 [Mayor]
(1) In each municipality, the executive power shall lie with a mayor, who shall be chosen by secret ballot from citizens of their respective municipality within the limits and procedures to be laid down by Act of Parliament.
(2) The mayor shall be assisted by a college of aldermen (wethouders). Together they shall decide upon municipal policy and shall promote the coherence thereof.
(3) The mayor shall be the chairperson of the college of aldermen.

Article 42 [City councils]
(1) In each municipality, citizens shall be represented by a city council, a legislative body chosen by secret ballot from citizens of their respective province, within the limits and procedures to be laid down by or pursuant to Act of Parliament.
(2) City councils shall enact by-laws and regulate municipal affairs within the limits prescribed by Act of Parliament.
(3) Municipalities are entitled to a source of tax revenues from the national and provincial governments, based upon economic ability and the right to establish the rates at which these sources shall be taxed.
(4) The duration of a term of the city council shall be four years.
(5) The right to elect members of a municipal council and the right to be a member of a municipal council may be granted by Act of Parliament to residents who are not Knootian citizens, provided they fulfil at least the requirements applicable to residents who are Knootian citizens.

Article 43 [Proposing a constitutional amendment]
(1) An Act of Parliament may be passed stating that an amendment to the Constitution in the form proposed shall be considered.
(2) The Staten-Generaal shall be dissolved after the Act referred to in the first paragraph has been published.
(3) The newly elected Chamber shall consider the Bill and it shall be passed only if at least two thirds of the votes cast are in favour.

Article 44 [Amending constitutional amendments]
(1) Before Bills to amend the Constitution, which have been given a second reading shall take effect, provisions may be introduced by Act of Parliament whereby:
(a) the proposals adopted and the unamended provisions of the Constitution are adjusted to each other as required;
(b) the division into chapters, sections, and articles and the headings and numbering thereof are modified.
(2) A Bill containing provisions as referred to under Paragraph (1)(a) shall be passed only if at least two-thirds of the votes cast are in favour.

Article 45 [Entry into force]
Amendments to the Constitution passed by the Staten-Generaal shall enter into force immediately after they have been published.